[2015] KEHC 439 (KLR)
The court found that the application to set aside the dismissal order was filed promptly, only two days after the order was made, and that the applicant had provided an explanation for the circumstances leading to the dismissal. Exercising its discretion, the court determined that it was just to allow the...
Source-derived case information.
- Citation
- [2015] KEHC 439 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1892 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Dismissal and Reinstate Summons for Revocation of Grant
- Outcome
- Application allowed; dismissal order set aside; summons for revocation of grant reinstated; respondent awarded costs.
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Setting Aside Orders, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Dismissal and Reinstate Summons for Revocation of Grant
Legal Issues
- 1 Whether the court should set aside the dismissal order made on 16th February 2015 and reinstate the summons for revocation of grant.
- 2 Whether sufficient grounds have been advanced to warrant the exercise of the court's discretion in favour of the applicant.
Ratio Decidendi
The court found that the application to set aside the dismissal order was filed promptly, only two days after the order was made, and that the applicant had provided an explanation for the circumstances leading to the dismissal. Exercising its discretion, the court determined that it was just to allow the application and reinstate the summons for revocation of grant, subject to the respondent being awarded costs.
Court Disposition
Application allowed; dismissal order set aside; summons for revocation of grant reinstated; respondent awarded costs.
Orders
- The application dated 17th February 2015 is allowed in terms of prayer 3.
- The dismissal order made on 16th February 2015 is set aside.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1892 OF 2011
IN THE MATTER OF THE ESTATE OF DANIEL NJOGU MACHARIA (DECEASED)
RULING
1. The application dated 17th February 2015 seeks the setting aside of orders made on 16th February 2015, dismissing the Summons for revocation of grant dated 8th August 2013 and the reinstatement of the said revocation application. The applicant has explained the circumstances under which the application was dismissed.
2. The respondent has opposed the application arguing that no good grounds have been advanced for the orders sought.
3. I have noted that the dismissal orders were made on 16th February 2015. The application before me was lodged in court two days thereafter on 18th February 2015. I have noted too that the matter was coming up for directions on the date the application was dismissed.
4. I will exercise discretion in favour of the applicant, and allow the application dated 17th February 2015 in terms of prayer 3 thereof. The respondent shall have the costs of the application. The parties shall thereafter fix the matter for directions.
DATED, SIGNED and DELIVERED at NAIROBI this 18TH DAY OF DECEMBER, 2015.
W. MUSYOKA
JUDGE